Rakesh Kumar @ Rakesh Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63589 of 2017 Arising Out of PS.Case No. -136 Year- 2017 Thana -BYPASS District- PATNA ====================================================== Rakesh Kumar @ Rakesh Kumar Soni, son of Mundar Sah, resident of Outer Begampur Par Pokhara, P.S. Baipass, Distt. Patna. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Bansh Dubey, Advocate. For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bypass P.S. Case No. 136 of 2017 instituted for the offence under Sections 341, 323, 504 and 307/34 of the Indian Penal Code. In the written report it is alleged that petitioner along with three co-accused persons as named in the written report assaulted the informant with butt of pistol causing injury to him. Learned counsel for the petitioner has submitted that petitioner has no criminal antecedent.

Case diary has been received.

The injury report is available in paragraph-31 of the case diary wherein the doctor has opined the injury on the person of informant to be simple in nature.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.63589 of 2017 (4) dt.19-03-2018 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Bypass P.S. Case No. 136 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna City, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T